More victims of domestic violence are getting free legal help in Nashville. Attorneys are being recruited and trained after a study found that too many low-income victims were intimidated and unprepared in the courtroom.
Attorneys say that scenario happens far too often: A victim finally comes forward to get protection through the courts, but is then overwhelmed in the moment.
“Those courtrooms are packed full of people. It’s intimidating to walk in there and not to know what to do,” says DarKenya Waller, managing attorney for the Nashville office of the Legal Aid Society of Middle Tennessee and the Cumberlands.
“Even if you do know what your story is, and you know exactly what happened, it’s a different dynamic when you’re in there on the stand, having actually to say that story in front of your abuser,” Waller says.
Failing to convince a judge can mean going back to live with an abuser.
“Once they make that decision, to walk into a courtroom, to get there and not be able to achieve the result that you came for, is catastrophic,” Waller said.
Her Legal Aid Society office is looking to recruit a roster of at least 50 willing pro bono attorneys who will help victims when they seek an Order of Protection.
The Order of Protection is a legal tool that’s stronger than a Restraining Order and meant to keep attackers away from victims in situations of domestic violence, sexual assault and stalking. Once obtained, the court order allows police to make an immediate arrest if its conditions are violated — and its misdemeanor criminal penalty is more severe than a violation of a restraining order.
Metro got a state grant to recruit these attorneys after
a 2013 study found that alleged attackers were three times more likely to have representation during the crucial Order of Protection hearing, said Diane Lance, head of the Metro Office of Family Safety.
Improving the Order of Protection process was among 55 recommendations that came out of the study.
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Waller said the grant pays for training attorneys to handle domestic cases, no matter what their area of legal focus. Eventually, she’d like the training to move into local law schools.
She said Nashville’s legal community is hard-wired for pro bono volunteerism. In fact,
an annual report by the Tennessee Supreme Court’s Access to Justice Commission found that attorneys statewide increased their volunteer hours by 6 percent last year.
Volunteers interested in helping with domestic violence cases can call 615-244-6610 for more information.
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